From left to right Carnival's Magic and the Royal Caribbean's Liberty of the Seas cruise ship sit in port on Sunday , February 7, 2016 in the Port of Galveston in Galveston, Texas. (Photo: Thomas B. Shea/For the Chronicle) less

From left to right Carnival's Magic and the Royal Caribbean's Liberty of the Seas cruise ship sit in port on Sunday , February 7, 2016 in the Port of Galveston in Galveston, Texas. (Photo: Thomas B. Shea/For ... more

Photo: Thomas B. Shea, Freelance

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See some of the most heartbreaking and inspirational photographs of Hurricane Harvey.

See some of the most heartbreaking and inspirational photographs of Hurricane Harvey.

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In this NASA handout image, Hurricane Harvey is photographed aboard the International Space Station as it intensified on its way toward the Texas coast on August 25, 2017. The Expedition 52 crew on the station has been tracking this storm for the past two days and capturing Earth observation photographs and videos from their vantage point in low Earth orbit.Now at category 4 strength, Harvey's maximum sustained winds had increased to 130 miles per hour. (Photo by NASA via Getty Images)

In this NASA handout image, Hurricane Harvey is photographed aboard the International Space Station as it intensified on its way toward the Texas coast on August 25, 2017. The Expedition 52 crew on the station

Two kayakers try to beat the current pushing them down an overflowing Brays Bayou along S. Braeswood in Houston, Texas, Sunday, Aug. 27, 2017. Rescuers answered hundreds of calls for help Sunday as floodwaters from the remnants of Hurricane Harvey climbed high enough to begin filling second-story homes, and authorities urged stranded families to seek refuge on their rooftops. (Mark Mulligan/Houston Chronicle via AP)

Two kayakers try to beat the current pushing them down an overflowing Brays Bayou along S. Braeswood in Houston, Texas, Sunday, Aug. 27, 2017. Rescuers answered hundreds of calls for help Sunday as floodwaters

Don and Peg Sauter celebrated their 55th wedding anniversary on August 22. The two have moved from their assisted living home to the George R. Brown Convention Center in Houston as Tropical Storm Harvey inches its way through the area on Tuesday, Aug. 29, 2017. less

Don and Peg Sauter celebrated their 55th wedding anniversary on August 22. The two have moved from their assisted living home to the George R. Brown Convention Center in Houston as Tropical Storm Harvey inches ... more

Photo: Elizabeth Conley, Houston Chronicle

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A dog comforts his owner.

A dog comforts his owner.

Photo: Joe Raedle/Getty Images

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Jan Allen with dogs, Daisy and Toby, and her son, Chris Allen, ride in a rescue boat to a pickup area along Edgebrook Sunday, August 27, 2017. Much of the area is flooded from rains after Hurricane Harvey.

Jan Allen with dogs, Daisy and Toby, and her son, Chris Allen, ride in a rescue boat to a pickup area along Edgebrook Sunday, August 27, 2017. Much of the area is flooded from rains after Hurricane Harvey.

Photo: Melissa Phillip, Houston Chronicle

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Jose Alarco shakes hands with his neighbor as he makes his way out of the Melrose Park neighborhood and his flooded home in Houston as Tropical Storm Harvey inches its way through the area on Monday, Aug. 28, 2017. ( Elizabeth Conley / Houston Chronicle )

Jose Alarco shakes hands with his neighbor as he makes his way out of the Melrose Park neighborhood and his flooded home in Houston as Tropical Storm Harvey inches its way through the area on Monday, Aug. 28,

Kathryn Loder sorts donated clothing at George R. Brown Convention Center in Houston as Tropical Storm Harvey inches its way through the area on Tuesday, Aug. 29, 2017.

Kathryn Loder sorts donated clothing at George R. Brown Convention Center in Houston as Tropical Storm Harvey inches its way through the area on Tuesday, Aug. 29, 2017.

Photo: Elizabeth Conley, Houston Chronicle

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Shiann Barker holds her nephew, Brayln Matthews Sims Jr., 1, between cots at the George R. Brown Convention Center where nearly 10,000 people are taking shelter after Tropical Storm Harvey Wednesday, Aug. 30, 2017 in Houston. They have ben at the shelter since Sunday after they evacuated from the Clayton Homes neighborhood. ( Michael Ciaglo / Houston Chronicle)

Gideon Kim, 2, plus with a toy train while his father, Nathan, is sorting donated shoes as they volunteer at The Forge for Families, a Christian community organization that has been transformed into an Red Cross shelter, on Thursday, Aug. 31, 2017, in Houston. The Kim family, including Gideon's mother, Dr. Judy Kim, had been volunteer at The Forge since Tuesday. less

Gideon Kim, 2, plus with a toy train while his father, Nathan, is sorting donated shoes as they volunteer at The Forge for Families, a Christian community organization that has been transformed into an Red ... more

Photo: Yi-Chin Lee, Houston Chronicle

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Rikki Saldivar goes through old family photos at a house that belonged to her grandparents, Tuesday, Sept. 5, 2017, in Houston. Saldivar's grandparents, and four young relatives, drowned in a van in Greens Bayou during Tropical Storm Harvey. less

Rikki Saldivar goes through old family photos at a house that belonged to her grandparents, Tuesday, Sept. 5, 2017, in Houston. Saldivar's grandparents, and four young relatives, drowned in a van in Greens ... more

Photo: Jon Shapley, Houston Chronicle

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Rescue boats work along Tidwell at the east Sam Houston Tollway helping to evacuate people Monday, August 28, 2017. Much of the area is flooded from rains after Hurricane Harvey.

Rescue boats work along Tidwell at the east Sam Houston Tollway helping to evacuate people Monday, August 28, 2017. Much of the area is flooded from rains after Hurricane Harvey.

Photo: Melissa Phillip, Houston Chronicle

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TOPSHOT - People walk through flooded streets as the effects of Hurricane Harvey are seen August 26, 2017 in Galveston, Texas. Hurricane Harvey left a trail of devastation Saturday after the most powerful storm to hit the US mainland in over a decade slammed into Texas, destroying homes, severing power supplies and forcing tens of thousands of residents to flee. / AFP PHOTO / Brendan Smialowski / The erroneous mention[s] appearing in the metadata of this photo by Brendan Smialowski has been modified in AFP systems in the following manner: [Hurricane Harvey] instead of [Hurricane Henry]. Please immediately remove the erroneous mention from all your online services and delete it from your servers. If you have been authorized by AFP to distribute it to third parties, please ensure that the same actions are carried out by them. Failure to promptly comply with these instructions will entail liability on your part for any continued or post notification usage. Therefore we thank you very much for all your attention and prompt action. We are sorry for the inconvenience this notification may cause and remain at your disposal for any further information you may require. (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)

TOPSHOT - People walk through flooded streets as the effects of Hurricane Harvey are seen August 26, 2017 in Galveston, Texas. Hurricane Harvey left a trail of devastation Saturday after the most powerful storm

Angelina De Los Santos, 7, left, Vanessa Pasillas, 2, center, and Jade de los santos, 5, center right, watch videos with Rosemarie Pasillas, right, as people seek shelter at the George R. Brown Convention Center in Houston, TX on Monday, Aug 28, 2017. Rising water from Hurricane now Tropical Storm Harvey pushed thousands of people to rooftops or higher ground Sunday as the had to flee their homes in Houston.

A submerged vehicle is seen at the intersection of the Hardy Toll Road and the Sam Houston Tollway, as heavy rains continue from Tropical Storm Harvey, Tuesday August 29, 2017, in Houston. Sgt. Steve Perez, 60, reportedly drowned in his car at the intersection while on his way to work. He was a 30-year veteran of the HPD.

A submerged vehicle is seen at the intersection of the Hardy Toll Road and the Sam Houston Tollway, as heavy rains continue from Tropical Storm Harvey, Tuesday August 29, 2017, in Houston. Sgt. Steve Perez, 60,

Volunteer rescuers evacuate people from the Georgetown Colony neighborhood on a Heavy Expanded Mobility Tactical Truck, which was used as a prop in the latest Planet of the Apes movie, as Addicks Reservoir surpasses capacity due to near constant rain from Tropical Storm Harvey Tuesday, Aug. 29, 2017 in Houston.

Volunteer rescuers evacuate people from the Georgetown Colony neighborhood on a Heavy Expanded Mobility Tactical Truck, which was used as a prop in the latest Planet of the Apes movie, as Addicks Reservoir

A neighborhood is inundated by floodwaters from Tropical Storm Harvey on Tuesday, Aug. 29, 2017, in Spring.

A neighborhood is inundated by floodwaters from Tropical Storm Harvey on Tuesday, Aug. 29, 2017, in Spring.

Photo: Brett Coomer, Houston Chronicle

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Mailboxes are inundated by Brazos River flooding along Newlin Drive in Richmond on Friday. Several areas are still dealing with high waters related to Harvey.

Mailboxes are inundated by Brazos River flooding along Newlin Drive in Richmond on Friday. Several areas are still dealing with high waters related to Harvey.

Photo: Michael Ciaglo, Houston Chronicle

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Saltwater Salvage diver Justin Hendrickson prepares to dive near the Columbia Lakes subdivision Wednesday, Aug. 30, 2017, in West Columbia. Hendrickson was walked to the dive spot by fellow diver Dave Oltroge before he dove to shut a levee gate value to prevent more flooding to the neighborhood. less

University of Houston players assist with Hurricane Harvey relief efforts on Friday.

University of Houston players assist with Hurricane Harvey relief efforts on Friday.

Photo: Joseph Duarte

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A reader submitted this photo of his family's first big storm in Houston. Jeremy Blanton noted that the family lost a car but him, his wife and 2-year-old daughter are all safe.

A reader submitted this photo of his family's first big storm in Houston. Jeremy Blanton noted that the family lost a car but him, his wife and 2-year-old daughter are all safe.

Photo: Jeremy Blanton

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Westpark Tollway is underwater following Tropical Storm Harvey north of Richmond, Texas.

Westpark Tollway is underwater following Tropical Storm Harvey north of Richmond, Texas.

Photo: Dr D Tyler Brown

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People walk out of their flooded Meyerland streets, Sunday, August 27, 2017.

People walk out of their flooded Meyerland streets, Sunday, August 27, 2017.

Photo: Mark Mulligan, Houston Chronicle

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Alma Castenda pulls her children's artwork off the walls as she cleans up her flood damaged home in the Verde Forest subdivision in the aftermath of Tropical Storm Harvey on Thursday, Aug. 31, 2017, in Houston.

Alma Castenda pulls her children's artwork off the walls as she cleans up her flood damaged home in the Verde Forest subdivision in the aftermath of Tropical Storm Harvey on Thursday, Aug. 31, 2017, in Houston.

Photo: Brett Coomer, Houston Chronicle

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Rainwater from Hurricane Harvey surrounds oil refinery storage tanks stand in this aerial photograph taken above Texas City, Texas, U.S., on Wednesday, Aug. 30, 2017. Unprecedented flooding from the Category 4 storm that slammed into the state's coast last week, sending gasoline prices surging as oil refineries shut, may also set a record for rainfall in the contiguous U.S., the weather service said Tuesday. Photographer: Luke Sharrett/Bloomberg less

Flood victims are evacuated by boat from their neighborhood near the Addicks Reservoir as floodwaters rise from Tropical Storm Harvey on Tuesday, Aug. 29, 2017, in Houston.

Flood victims are evacuated by boat from their neighborhood near the Addicks Reservoir as floodwaters rise from Tropical Storm Harvey on Tuesday, Aug. 29, 2017, in Houston.

Photo: Brett Coomer, Houston Chronicle

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Floodwaters fill the road running through the Lakes On Eldridge North subdivision in the aftermath of Tropical Storm Harvey on Wednesday, Aug. 30, 2017, in Houston.

Floodwaters fill the road running through the Lakes On Eldridge North subdivision in the aftermath of Tropical Storm Harvey on Wednesday, Aug. 30, 2017, in Houston.

Photo: Brett Coomer, Houston Chronicle

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HOUSTON, TX - AUGUST 27: A man helps children across a flooded street as they evacuate their home after the area was inundated with flooding from Hurricane Harvey on August 27, 2017 in Houston, Texas. Harvey, which made landfall north of Corpus Christi late Friday evening, is expected to dump upwards to 40 inches of rain in Texas over the next couple of days. (Photo by Joe Raedle/Getty Images)

HOUSTON, TX - AUGUST 27: A man helps children across a flooded street as they evacuate their home after the area was inundated with flooding from Hurricane Harvey on August 27, 2017 in Houston, Texas. Harvey,

ROCKPORT, TX - AUGUST 26: Terry Smith stands in the kitchen as Henry McKay sleeps in the apartment where the ceiling collapse when Hurricane Harvey hit on August 26, 2017 in Rockport, Texas. Ms. Smith said she has never been as terrified in her life as when the winds started roaring through town. Harvey made landfall shortly after 11 p.m. Friday, just north of Port Aransas as a Category 4 storm and is being reported as the strongest hurricane to hit the United States since Wilma in 2005. Forecasts call for as much as 30 inches of rain to fall in the next few days. (Photo by Joe Raedle/Getty Images)

ROCKPORT, TX - AUGUST 26: Terry Smith stands in the kitchen as Henry McKay sleeps in the apartment where the ceiling collapse when Hurricane Harvey hit on August 26, 2017 in Rockport, Texas. Ms. Smith said she

HOUSTON, TX - AUGUST 28: Barb Davis, 74. is helped to dry land after being rescued from her flooded neighborhood after it was inundated with rain water, remnants of Hurricane Harvey, on August 28, 2017 in Houston, Texas. Harvey, which made landfall north of Corpus Christi late Friday evening, is expected to dump upwards to 40 inches of rain in areas of Texas over the next couple of days. (Photo by Scott Olson/Getty Images)

HOUSTON, TX - AUGUST 28: Barb Davis, 74. is helped to dry land after being rescued from her flooded neighborhood after it was inundated with rain water, remnants of Hurricane Harvey, on August 28, 2017 in

HOUSTON, TX - AUGUST 28: People are rescued from a flooded neighborhood after it was inundated with rain water, remnants of Hurricane Harvey, on August 28, 2017 in Houston, Texas. Harvey, which made landfall north of Corpus Christi late Friday evening, is expected to dump upwards to 40 inches of rain in areas of Texas over the next couple of days. (Photo by Scott Olson/Getty Images)

HOUSTON, TX - AUGUST 28: People are rescued from a flooded neighborhood after it was inundated with rain water, remnants of Hurricane Harvey, on August 28, 2017 in Houston, Texas. Harvey, which made landfall

HOUSTON, TX - AUGUST 27: Naomi Coto carries Simba on her shoulders as they evacuate their home after the area was inundated with flooding from Hurricane Harvey on August 27, 2017 in Houston, Texas. Harvey, which made landfall north of Corpus Christi late Friday evening, is expected to dump upwards to 40 inches of rain in Texas over the next couple of days. (Photo by Joe Raedle/Getty Images)

HOUSTON, TX - AUGUST 27: Naomi Coto carries Simba on her shoulders as they evacuate their home after the area was inundated with flooding from Hurricane Harvey on August 27, 2017 in Houston, Texas. Harvey,

Vi Tran greets her husband Joseph and their dogs after being briefly separated when rescue boats evacuated them and their two young daughters from Houston's Meyerland area, Aug. 27, 2017. On Sunday, Harvey, now a tropical storm, pounded the region with torrential rains, and the National Weather Service forecasts rainfall of 15 to 25 inches through Friday, with as much as 50 inches in a few areas. (Alyssa Schukar/The New York Times) less

Vi Tran greets her husband Joseph and their dogs after being briefly separated when rescue boats evacuated them and their two young daughters from Houston's Meyerland area, Aug. 27, 2017. On Sunday, Harvey, now ... more

Photo: ALYSSA SCHUKAR, NYT

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Flooded scenes of Grand Mission Estates, Richmond, Texas.

Flooded scenes of Grand Mission Estates, Richmond, Texas.

Photo: Shannon O'Hara

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To add to reader photos. Houston native Austin Leighton, 28, rides in a kayak with his sons Eli, 6, and Samuel, 3, in Mont Belvieu, Texas on Monday, August 28, 2017.

To add to reader photos. Houston native Austin Leighton, 28, rides in a kayak with his sons Eli, 6, and Samuel, 3, in Mont Belvieu, Texas on Monday, August 28, 2017.

Photo: Austin Leighton

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A reader sent these photos Sunday, Aug. 27, 2017.

A reader sent these photos Sunday, Aug. 27, 2017.

Photo: Casey Keller

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Readers share photos of how Hurricane Harvey is affecting them in East Texas on Aug. 27, 2017.

Readers share photos of how Hurricane Harvey is affecting them in East Texas on Aug. 27, 2017.

Photo: Kasey Keeller

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A garage sale sign is humorously posted outside a home as debris from Hurricane Harvey fills the front yard, Thursday, Sept. 21, 2017, in Woodloch.

A garage sale sign is humorously posted outside a home as debris from Hurricane Harvey fills the front yard, Thursday, Sept. 21, 2017, in Woodloch.

Photo: Jason Fochtman, Houston Chronicle

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A man tosses debris from Hurricane Harvey out of the back of his truck at the Montgomery County Precinct 4 dumpsite at FM 1314 and Texas 242, Thursday, Sept. 21, 2017, in Conroe.

A man tosses debris from Hurricane Harvey out of the back of his truck at the Montgomery County Precinct 4 dumpsite at FM 1314 and Texas 242, Thursday, Sept. 21, 2017, in Conroe.

Photo: Jason Fochtman, Houston Chronicle

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Contractor Ricky Green of Alabama finishes a day of picking up large debris in a Memorial-area neighborhood. A red X signifying that someone died inside still marks Robert Arthur Haines' house on Langwood.

Contractor Ricky Green of Alabama finishes a day of picking up large debris in a Memorial-area neighborhood. A red X signifying that someone died inside still marks Robert Arthur Haines' house on Langwood.

Photo: Yi-Chin Lee, Staff

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Suit filed against Royal Caribbean for failing to cancel cruise during Harvey

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An unhappy traveler is suing Royal Caribbean for refusing to call off a Galveston cruise even as Hurricane Harvey battered southeast Texas.

Instead of allowing would-be vacationers to reschedule in light of the category 4 storm, a federal lawsuit alleges, the cruise line forced families to choose between traveling into the path of the hurricane for an Aug. 27 ship departure or forfeiting all the money shelled out for the pricey trip.

The suit filed Thursday in Florida's Southern District offers a class action claim on behalf of Canadian traveler Nikki McIntosh and all similarly situated passengers who booked Aug. 27 trips on the Miami-based cruise line's Liberty of the Seas.

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The court filing paints a dire picture of the week's events, with claims of toddlers wading through flood waters as their stranded families searched for food after they were "strong-armed" into coming to Galveston when the cruise line "repeatedly" told passengers they would lose the entire cost of the trip if they cancelled.

"What Royal Caribbean did to these passengers is simply shocking," attorney Michael Winkleman said in a statement. "They knowingly placed families with small children directly in the path of one of the worst storms to hit the U.S. in centuries."

The day before Harvey made landfall, Royal Caribbean issued an online notice that the Sunday cruise was still set to leave port as scheduled, according to the suit.

The following day, as the storm struck the Lone Star State, airlines started cancelling flights and officials shuttered the Port of Galveston.

The port closure trapped Liberty of the Seas and three Carnival Cruise ships at sea, stranding more than 20,000 passengers set to disembark in Galveston. But still, Royal Caribbean told incoming travelers to expect an on-time departure that Sunday, plaintiffs charge.

And while Carnival announced the rerouting of its ships to other ports, Royal Caribbean "sailed straight ahead," the suit alleges. On the afternoon of Saturday, Aug. 26, according to legal filings, the cruise line's chief meteorologist tweeted: "Weather looking favorable tonight and tomorrow."

A few hours later, the cruise line again told passengers the Sunday trip was still scheduled to set sail as planned.

"By this time, catastrophic flooding had already begun," the suit says. "Hundreds of flights were cancelled, and highways were flooded, impassable and deadly. Yet RCCL was still attempting to find a way to make the scheduled sailing."

Late Saturday night, the cruise line pushed its Sunday departure back to Monday, as the port's continued closure would prevent the ship from docking.

"At or around this time, was the last chance that these passengers likely could have escaped being trapped in Hurricane Harvey's flood waters," the lawyers write, "but RCCL did its best to convince these passengers to stay directly in harm's way."

On Sunday, Aug. 27 - the day of the worst flooding in Galveston County - the cruise line finally emailed passengers offering the ability to cancel for a full refund and future discount. A few hours later, they called off the cruise altogether.

But by then, scores of passengers had already flocked to the Galveston area.

"Had the cruise been cancelled a day or two earlier, just like Carnival did, then these passengers would not have been trapped in the path of Hurricane Harvey and subjected to 5-6 days of terror, hardship and inconvenience in a place foreign to them," the suit alleges.

After a flight from her home in Canada, Nikki McIntosh found herself stuck in storm-battered southeast Texas with her husband and two children, ages 3 and 6.

"We ended up being trapped in Houston at our own expense for six days," she said in a statement. "We were surrounded by flood waters, our hotel leaking very badly. Food shortages were a massive concern."

McIntosh and her family shelled out $4,500 for a week of stress that was "completely unavoidable," she said, accusing the company of "holding our hard-earned money hostage."

The suit charges the company with negligence for everything from refusing to cancel sooner to failing to monitor the weather better. The plaintiffs have suffered emotional distress with symptoms ranging from nausea to nightmares, the filings allege.

"The conduct of RCCL as alleged above is so outrageous in character, and so extreme in degree as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community," lawyers write.

The filing doesn't include the specific amount of a monetary demand other than to say it should cover lost wages, emotional anguish and physical pain and suffering, among other things.